FAR and DFARS › FAR Part 49: Termination of Contracts › Subpart 49.5

FAR 49.504 Termination of fixed-price contracts for default.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section tells contracting officers when to include specific default clauses in fixed-price contracts for supplies, services, transportation, research and development, construction, and dismantling/demolition. It matters because if your contract includes one of these clauses, the government can terminate your contract for default if you fail to perform.

Applies to: Contracting officers awarding fixed-price contracts for supplies, services, transportation, research and development, construction, or dismantling/demolition.

Key terms: simplified acquisition threshold · Default (Fixed-Price Supply and Service) · Default (Fixed-Price Research and Development) · Default (Fixed-Price Construction) · Alternate I

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

(a)(1) Supplies and services. The contracting officer shall insert the clause at 52.249-8, Default (Fixed-Price Supply and Service), in solicitations and contracts when a fixed-price contract is contemplated and the contract amount is expected to exceed the simplified acquisition threshold. The contracting officer may use the clause when the contract amount is at or below the simplified acquisition threshold, if appropriate (e.g., if the acquisition involves items with a history of unsatisfactory quality).

(2) Transportation. If the contract is for transportation or transportation-related services, the contracting officer shall use the clause with its Alternate I.

(b) Research and development. The contracting officer shall insert the clause at 52.249-9, Default (Fixed-Price Research and Development), in solicitations and contracts for research and development when a fixed-price contract is contemplated and the contract amount is expected to exceed the simplified acquisition threshold, except those with educational or nonprofit institutions on a no-profit basis. The contracting officer may use the clause when the contract amount is at or below the simplified acquisition threshold, if appropriate (e.g., if the contracting officer believes that key personnel essential to the work may be devoted to other programs).

(c)(1) Construction. The contracting officer shall insert the clause at 52.249-10, Default (Fixed-Price Construction), in solicitations and contracts for construction, when a fixed-price contract is contemplated and the contract amount is expected to exceed the simplified acquisition threshold. The contracting officer may use the clause when the contract amount is at or below the simplified acquisition threshold, if appropriate (e.g., if completion dates are essential).

(2) Dismantling and demolition. If the contract is for dismantling, demolition, or removal of improvements, the contracting officer shall use the clause with its Alternate I.

(3) National emergencies. If the contract is to be awarded during a period of national emergency, the contracting officer may use the clause (i) with its Alternate II when a fixed-price contract for construction is contemplated, or (ii) with its Alternate III when a contract for dismantling, demolition, or removal of improvements is contemplated.

Sections it refers to

  • 52.249-8 Default (Fixed-Price Supply and Service).
  • 52.249-9 Default (Fixed-Price Research and Development).
  • 52.249-10 Default (Fixed-Price Construction).

Sections that refer to it

  • 52.249-8 Default (Fixed-Price Supply and Service).
  • 52.249-9 Default (Fixed-Price Research and Development).
  • 52.249-10 Default (Fixed-Price Construction).

← 49.503 Termination for convenience of the Government and default. · 49.505 Other termination clauses. →

Rule changes for FAR Part 49

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

FAR 49.504 Termination of fixed-price contracts for default · SpendQuery